03/17/2000 02:18 PM House FIN

HOUSE BILL NO. 318                                                                                                              
                                                                                                                                
"An Act relating to property disposal by law                                                                                    
enforcement agencies."                                                                                                          
                                                                                                                                
Vice Chair Bunde spoke in support of the legislation. The                                                                       
legislation would allow a finder of lost property who                                                                           
responsibly delivers the property to the state to acquire                                                                       
title if the true owner were not located. He noted that the                                                                     
legislation was introduced as the result of an instance                                                                         
where a handgun was found. Vice Chair Bunde observed that                                                                       
the state does not have statutes to address found property.                                                                     
The intent is to encourage individuals to turn in found                                                                         
property.                                                                                                                       
                                                                                                                                
The legislation excludes:                                                                                                       
                                                                                                                                
Property found within municipalities or boroughs;                                                                               
                                                                                                                                
Prehistoric, archaeological, historical, Native or                                                                              
similar property;                                                                                                               
                                                                                                                                
Property that is not legal to be possessed or people                                                                            
who may not posses certain property (sawed off                                                                                  
shotguns);                                                                                                                      
                                                                                                                                
Companies, institutions, banks, state employees who                                                                             
find property in the course of their job; or                                                                                    
                                                                                                                                
Intangible property (stocks and bond).                                                                                          
                                                                                                                                
Representative Phillips questioned why cash was not covered.                                                                    
Vice Chair Bunde explained that cash is already covered                                                                         
under AS 34.35.                                                                                                                 
                                                                                                                                
KAREN MCCARTHY, STAFF, REPRESENTATIVE BUNDE provided                                                                            
information on HB 318. She clarified that AS 34.35 refers to                                                                    
safety deposit boxes, bonds, or securities. She observed                                                                        
there are already provisions for cash found on state land.                                                                      
Alaska Statute 34 only covers things that are already in                                                                        
banks or other financial institutions.                                                                                          
                                                                                                                                
In response to a question by Representative Phillips, Ms.                                                                       
McCarthy observed that other states have similar laws. The                                                                      
legislation is based on common law. Common law states that                                                                      
the finder has greater right to the property than any one                                                                       
else in the world except the true owner.                                                                                        
                                                                                                                                
Vice Chair Bunde pointed out that municipalities have their                                                                     
own regulations. The legislation covers items found on state                                                                    
property.                                                                                                                       
                                                                                                                                
Representative J. Davies questioned if state troopers have                                                                      
an obligation to advertise found property. Vice Chair Bunde                                                                     
responded that the troopers are not obligated to seek owners                                                                    
of lost property or the finder. The Department of Public                                                                        
Safety is concerned with alleviating the need for storage                                                                       
space.                                                                                                                          
                                                                                                                                
LT. DAVID HUDSON, ALASKA STATE TROOPERS, DEPARTMENT OF                                                                          
PUBLIC SAFETY stated that the legislation would benefit the                                                                     
Department of Public Safety by the change in section 1,                                                                         
which would allow disposal of property after one instead of                                                                     
two years.                                                                                                                      
                                                                                                                                
Representative J. Davies questioned if the department came                                                                      
into possession of a bicycle or snow machine if it would be                                                                     
check against items reported lost or stolen.                                                                                    
                                                                                                                                
Mr. Hudson observed that a computer check would be done to                                                                      
see if it had been reported. Found property would also be                                                                       
logged into the department's computerized system. The                                                                           
property would be disposed of after a year if it is not                                                                         
claimed. A cross-reference would be done before the                                                                             
disposition to see if the finder was interested in acquiring                                                                    
the property. Finders are not required to give their name or                                                                    
contact address.                                                                                                                
                                                                                                                                
Representative Foster provided members with a newspaper                                                                         
article from 1900 (copy on file). It recounts a story of a                                                                      
person in Nome who found a $20 dollar bill and was advised                                                                      
by the Sheriff to keep the money.                                                                                               
                                                                                                                                
Vice Chair Bunde MOVED to report CSHB 318 (JUD) out of                                                                          
Committee with the accompanying fiscal note. There being NO                                                                     
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
CSHB 318 (JUD) was REPORTED out of Committee with a "do                                                                         
pass" recommendation and with a zero fiscal note by the                                                                         
Department of Public Safety dated 3/1/00.